Experience

Partner in the Trial group and chair of the Computer Fraud and Abuse practice. Represents clients in trial and appellate courts and arbitrations throughout the United States. Specialties include: protection of trade secrets and computer data, other commercial litigation, internal investigations and white collar criminal representations.

First preliminary injunction under the Computer Fraud and Abuse Act relating to the entry of a company database through a public Web site using the company’s confidential and proprietary information. EF Cultural Travel BV v. Explorica, Inc., 274 F.3d 577(1st Cir. 2001)

Over 15 injunctions for clients under the Federal Computer Fraud and Abuse Act

Assist companies in designing and reviewing corporate compliance programs. As part of this program, advise corporations on designing programs to protect intellectual property, trade secrets and computer data. Have conducted a trade secrets audit of a major national health insurance company to assist the company in establishing systems, agreements and procedures to protect its confidential and proprietary and trade secret protected information.

Internal Investigations

Conduct and direct internal investigations for corporate clients into allegations of internal fraud and theft including a well-publicized investigation in Chicago into allegations of abuse of corporate assets by the President of Florsheim. In many instances these investigations have resulted in RICO actions being filed against the wrongdoers. CNBC, Inc. v. Alvarado , 1994 WL 445717, RICO Bus. Disp. Guide 8629 (S.D.N.Y. Aug. 17, 1994)

White Collar Representations

Have represented numerous corporations and individuals under criminal investigation by the United State Department of Justice for complex commercial and tax crimes. Defended numerous criminal cases in federal court including the acquittal of all defendants by a jury in United States v. Stella , 1990 WL 128918 (S.D.N.Y. Aug. 27, 1990).

Federal Prosecution Experience

Assistant United States Attorney in the Southern District of New York (SDNY) from 1975 until 1983. Prosecuted a wide array of white collar criminal matters including bank frauds, bankruptcy frauds, stock frauds, complex financial frauds, environmental crimes and tax crimes. First prosecutor in the SDNY to use the RICO statute to prosecute traditional white collar criminal offenses. Tried over 25 cases before juries including successful prosecutions of Mafia bosses Russell Bufalino and Frank Tieri, and the RICO prosecution of ten individuals predicated on securities fraud and bankruptcy fraud violations for the formation and operations of The Westchester Premier Theater. United States v. Weisman , 624 F.2d 1118 (2d Cir. 1980)

Assistant Special Watergate Prosecutor with the Watergate Special Prosecution Force from 1973 to 1975. Conducted grand jury investigations into misuse of federal agencies and other allegations of criminal conduct related to the break-in at Democratic National Headquarters. Examined all of the principals in the Watergate scandal before the various Watergate grand juries.

Admissions

Massachusetts

New York

Honors

Named “New York Super Lawyer,” 2009 & 2010

Special Commendations by the Department of Justice in 1979 and 1981 for Outstanding Achievements

About

Computerfraud.us provides content on cutting edge legal issues relating to the protection of computer data, data breaches, corporate computer policies, court interpretations of the federal Computer Fraud and Abuse Act, and state and federal compliance requirements. The site also follows trends in cybercrime and how prosecutors, including the Department of Justice, are investigating and prosecuting computer crime.

About Nick

Nick is a partner in Dorsey & Whitney's New York Office. He is a trial lawyer specializing in both complex civil and criminal cases and is a nationally recognized expert on computer crime and the protection of competitively sensitive information and computer data. Read More...